Powell v University of Portsmouth & Anor (Disability Discrimination - section 15, 20 and 21 Equality Act 2010; Unfair Dismissal - constructive dismissal - breach of the implied term of trust and confidence) [2024] EAT 56 (23 April 2024)

Powell v University of Portsmouth & Anor (Disability Discrimination - section 15, 20 and 21 Equality Act 2010; Unfair Dismissal - constructive dismissal - breach of the implied term of trust and confidence) [2024] EAT 56 (23 April 2024)

The Employment Tribunal was entitled to find that the respondent's actions were justified as a proportionate means of achieving a legitimate aim, that the suggested adjustments were not reasonable or practicable given the claimant's condition and role, and that there was no breach of the implied term of trust and confidence amounting to constructive dismissal.

Citation
[2024] EAT 56
Parties
Appellant: Dr V Powell; First Respondent: University of Portsmouth; Second Respondent: Professor T Keeble
Jurisdiction
United Kingdom
Judgment Date
23 April 2024
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Reasonable Adjustments, Constructive Dismissal, Implied Term of Trust and Confidence
Employment Law Equality Law Disability Discrimination Reasonable Adjustments Constructive Dismissal Implied Term of Trust and Confidence

Case Brief

Summary, issues, holding and outcome

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Parties

Dr V Powell

Appellant

University of Portsmouth

First Respondent

Professor T Keeble

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the respondent's treatment of the claimant was justified under section 15 Equality Act 2010
  2. 2 Whether the respondent failed to make reasonable adjustments under sections 20 and 21 Equality Act 2010
  3. 3 Whether the respondent breached the implied term of trust and confidence amounting to constructive dismissal

Ratio Decidendi

The Employment Tribunal was entitled to find that the respondent's actions were justified as a proportionate means of achieving a legitimate aim, that the suggested adjustments were not reasonable or practicable given the claimant's condition and role, and that there was no breach of the implied term of trust and confidence amounting to constructive dismissal.

Court Disposition

Appeal dismissed

Orders

  • No relief granted to appellant
  • ET decision stands